What The Lawyers Say

Cannabis law explained by the lawyers who practise it: analysis and commentary from law firms around the world, with the Cannabis Law Journal.

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ArentFox Schiff

Up in Smoke: When State-Legal Cannabis Is Not Legal Enough for Federal Courts

Justin Goldberg, Kirsten Hart, Kendall Murphy, J. Michael Showalter

5 Oct 2026

• Contracts
• Federal policy
• Rescheduling
• Michigan, US

Harris Sliwoski

A $31.8 Million Cannabis-Related Verdict That a Federal Court Wouldn’t Enforce

A Michigan cannabis grower proved its case. A jury found that the buyer breached its supply agreement and awarded the grower $31.8 million in damages. But the grower still walked away without an enforceable verdict.

5 Oct 2026

• Contracts
• Court rulings
• Cultivation
• California, US
• Michigan, US

Ashurst Perkins Cole

Supreme Court Cabins Federal Firearms Ban For Cannabis Users

The Supreme Court of the United States recently narrowed the reach of a federal firearms law in United States v. S. ___ (2026), holding that the government cannot prosecute an individual under the Gun Control Act for possessing a…

13 Aug 2026

• Firearms
• Court rulings
• Criminal law
• United States

Clark Hill

Supreme Court Rules Federal Gun Ban For Marijuana Users Unconstitutional

In a unanimous 9-0 decision, the U.S. Supreme Court held that the federal government violated the Second Amendment by prosecuting a marijuana user solely for possessing a firearm. The ruling significantly curtails the reach of 18…

20 Jul 2026

• Firearms
• Court rulings
• Criminal law

Ogletree Deakins

New Jersey’s Appellate Court Rules on Who Can Sue for Cannabis Law Violations

On May 26, 2026, the Superior Court of New Jersey, Appellate Division, held for the first time that applicants and employees who are denied employment based on a positive test for cannabis can sue their employers for violations…

2 Jun 2026

• Employment law
• Regulation
• Litigation
• New Jersey, US

ArentFox Schiff

Top Issues in the Cannabis Industry for 2026

2026 brings cautious, steady progress in a continually evolving regulatory and commercial landscape. Stakeholders should expect ongoing change across policy, markets, compliance, and enforcement, creating both risks and…

3 Mar 2026

• Compliance
• Advertising and marketing
• Hemp-derived THC
• California, US
• New York, US
• Connecticut, US

Bradley Arant Boult Cummings

The Kids Aren’t Alright: Kids Online Safety Act and Marijuana-Related Speech

What’s old is new again. The beginning of the year has brought us a sense of renewal, and taking a cue from Congress, we are revisiting some issues in a new light.

4 Feb 2026

• Advertising and marketing
• Constitutional law
• Federal policy

Foley Hoag

Trump Signs Executive Order to Reschedule Cannabis and Expand Federal Policy

C. ” The announcement was made during an Oval Office meeting with Health and Human Services Secretary Kennedy, senior administration officials, doctors and veterans who advocate for increased access to medical cannabis.

5 Jan 2026

• Rescheduling
• Federal policy
• Regulation
• United States

Harris Sliwoski

Canna Provisions v. Bondi, R.I.P.

S. Supreme Court denied certiorari in Canna Provisions, Inc. et al. v. Bondi, a high-profile lawsuit that challenged the constitutionality of the federal prohibition of intrastate (and not interstate) cannabis activity.

5 Jan 2026

• Federal policy
• Court rulings
• Rescheduling
• United States

Mandelbaum Barrett

Guns, Cannabis, and the Constitution: SCOTUS to Hear United States v. Hemani on Cannabis Use and Gun Ownership

The United States Supreme Court added another significant Second Amendment dispute to its 2025-26 calendar. On October 20, 2025, the Court granted certiorari in United States v. Hemani, a case that could shape the legal landscape…

17 Nov 2025

• Firearms
• Constitutional law
• Court rulings
• New York, US
• Texas, US

Harris Sliwoski

Oregon Federal Court Lawsuit Filed, Seeking Interstate Cannabis Sales

What is the dormant commerce clause, and how does it relate to state cannabis programs? What have courts done with DCC cannabis lawsuits to date? What’s different about the JPH case in Oregon? What happened to the first JPH case,…

12 Oct 2025

• Interstate commerce
• Court rulings
• Litigation
• Oregon, US
• New York, US
• Washington, US

Harris Beach Murtha Cullina

Federal Court Rules NY Cannabis Licensing Preference for In-State Convictions is Unconstitutional

S. Court of Appeals for the Second Circuit ruled that New York’s adult-use cannabis licensing scheme, which gives “Extra Priority” to applicants (or certain relatives) with New York State marijuana convictions, is…

13 Sept 2025

• Licensing
• Criminal law
• Court rulings
• New York, US
• California, US
• Washington, US

Harris Sliwoski

Federal Appeals Court Rejects Preferences for In-State Cannabis Applicants

A federal appellate court has ruled that a New York cannabis licensing rule favoring in-state residents is unconstitutional, because it discriminates against applicants residing out-of-state. We have been tracking this case for…

13 Sept 2025

• Interstate commerce
• Court rulings
• Licensing
• New York, US
• Maine, US

Harris Sliwoski

First Circuit Holds the Line Against Cannabis Businesses

In fall of 2023 I wrote about the lawsuit to end federal prohibition that wouldn’t really end federal prohibition. Last July, a federal district court ruled against Canna Provisions et al. in that case. On Wednesday, May 27th,…

5 Jun 2025

• Court rulings
• Litigation
• Federal policy
• United States

Faegre Drinker

Supreme Court Decides Medical Marijuana, Inc. v. Horn

Authors: Abdullah M. Azkalany , Mark D. Taticchi , Brian J. Paul

5 May 2025

• Court rulings
• Medical cannabis
• RICO
• United States

Harris Sliwoski

US Supreme Court Weighs in on Vaping

S. Supreme Court heard oral argument in a pivotal case that could reshape the vaping landscape. The case stems from an FDA appeal challenging a lower court ruling that found the agency improperly rejected nicotine vape product…

3 Feb 2025

• Vapes
• Court rulings
• Pharmaceuticals and the FDA
• United States

Whitt Steineker, Bradley Arant Boult Cummings

Federal Court Rules That Illegal Acts Are Legal Because They Are Illegal: Cannabis Law in a Nutshell

I would love to hear from our award-winning readers if they are aware of a scenario when doing something illegal is legal because it’s illegal.

30 Dec 2024

• Federal policy
• Constitutional law
• Rescheduling
• United States

Alex Timbas assisted by Robert Hoban

The Future State of Medical Cannabis Legalization: The US Must Move Past Absurdity and into Healing

Regulation of medical cannabis in the United States has always been a racial, moral, and political crusade, rather than a concerted effort to encourage and protect public health and safety, rooted in scientific and medical…

31 Jul 2024

• Medical cannabis
• Legalisation
• Federal policy
• California, US
• Germany
• Switzerland

Cannabis Law Journal

Rivkin Radler – Tax Considerations and the Reclassification of Marijuana – We’re Not There Yet

Source: JD Supra https://www.jdsupra.com/legalnews/tax-considerations-and-the-4737724/ Author

31 Jul 2024

• Tax
• Rescheduling
• Federal policy
• New York, US
• Oregon, US

United StatesCannabis, Brennan Manna & Diamond

Trulieve Tax Announcement And The ICLC Growth Spurt

Mondaq On March 12, leading cannabis tax lawyer James Mann made an extremely timely virtual presentation to ICLC participants regarding the announcement by Trulieve of its receipt…

1 Jul 2024

• Tax
• Banking and payments
• 280E
• United States

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